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A BILL TO BE ENTITLED
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AN ACT
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relating to mediation procedures in certain family law suits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 6.602(a), Family Code, is amended to |
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read as follows: |
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(a) Notwithstanding Section 154.021, Civil Practice and |
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Remedies Code, or any other law authorizing or requiring court |
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referral of a suit to mediation [On the written agreement of the
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parties or on the court's own motion], the court may refer a suit |
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for dissolution of a marriage to mediation only on the written |
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agreement of the parties. A party may revoke the party's agreement |
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at any time before the party enters into a binding mediated |
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settlement agreement under Subsection (b). The court may not: |
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(1) dismiss a suit for the dissolution of a marriage on |
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the basis of a party's: |
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(A) refusal to mediate; or |
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(B) revocation of a previous agreement to |
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mediate; or |
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(2) adopt a local rule that conflicts with this |
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subsection. |
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SECTION 2. Section 153.0071(c), Family Code, is amended to |
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read as follows: |
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(c) Notwithstanding Section 154.021, Civil Practice and |
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Remedies Code, or any other law authorizing or requiring court |
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referral of a suit to mediation [On the written agreement of the
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parties or on the court's own motion], the court may refer a suit |
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affecting the parent-child relationship to mediation only on the |
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written agreement of the parties. A party may revoke the party's |
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agreement at any time before the party enters into a binding |
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mediated settlement agreement under Subsection (d). The court may |
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not: |
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(1) dismiss a suit affecting the parent-child |
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relationship on the basis of a party's: |
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(A) refusal to mediate; or |
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(B) revocation of a previous agreement to |
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mediate; or |
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(2) adopt a local rule that conflicts with this |
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subsection. |
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SECTION 3. Sections 6.602(d) and 153.0071(f), Family Code, |
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are repealed. |
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SECTION 4. The changes in law made by this Act to Sections |
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6.602 and 153.0071, Family Code: |
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(1) apply only to a suit for dissolution of a marriage |
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or a suit affecting the parent-child relationship, respectively, |
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that is pending before a trial court on or filed on or after the |
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effective date of this Act; and |
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(2) do not affect the validity of a mediated |
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settlement agreement binding under Section 6.602(b) or |
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153.0071(d), Family Code, as applicable, that became binding on or |
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before the effective date of this Act. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |